300.322 Parent participation.
Public agency responsibility—general. Each public agency must take steps to ensure that one or both of the parents of a child with a disability are present at each IEP Team meeting or are afforded the opportunity to participate, including—
Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and
Scheduling the meeting at a mutually agreed on time and place.
Information provided to parents.
The notice required under paragraph (a)(1) of this section must—
Indicate the purpose, time, and location of the meeting and who will be in attendance; and
Inform the parents of the provisions in §300.321(a)(6) and (c) (relating to the participation of other individuals on the IEP Team who have knowledge or special expertise about the child), and §300.321(f) (relating to the participation of the Part C service coordinator or other representatives of the Part C system at the initial IEP Team meeting for a child previously served under Part C of the Act).
For a child with a disability beginning not later than the first IEP to be in effect when the child turns 16, or younger if determined appropriate by the IEP Team, the notice also must—
That a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child, in accordance with §300.320(b); and
That the agency will invite the student; and
Identify any other agency that will be invited to send a representative.
Other methods to ensure parent participation. If neither parent can attend an IEP Team meeting, the public agency must use other methods to ensure parent participation, including individual or conference telephone calls, consistent with §300.328 (related to alternative means of meeting participation).
Conducting an IEP Team meeting without a parent in attendance. A meeting may be conducted without a parent in attendance if the public agency is unable to convince the parents that they should attend. In this case, the public agency must keep a record of its attempts to arrange a mutually agreed on time and place, such as—
Detailed records of telephone calls made or attempted and the results of those calls;
Copies of correspondence sent to the parents and any responses received; and
Detailed records of visits made to the parent’s home or place of employment and the results of those visits.
Use of interpreters or other action, as appropriate. The public agency must take whatever action is necessary to ensure that the parent understands the proceedings of the IEP Team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.
Parent copy of child’s IEP. The public agency must give the parent a copy of the child’s IEP at no cost to the parent.
Last modified on July 12, 2017